Shyam Singh vs Himachal Road Transport ...
2022 Latest Caselaw 9693 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.7381 of 2022.




                                                                        .

                                          Date of decision: 22.11.2022.


    Shyam Singh                                                 .....Petitioner.





                                   Versus


    Himachal Road Transport Corporation and





    another.
                                       .....Respondents.


    Coram

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    The Hon'ble Mr. Justice Virender Singh, Judge.

    Whether approved for reporting?1



    For the Petitioner                :     Mr. Ashok Kumar, Advocate.

    For     the     Respondents:            Mr. Ajay          Kumar          Chauhan,
                                            Advocate.






    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of

the following substantive reliefs:-

"i. That respondent may kindly be directed to consider the case of the petitioner for granting the two additional increments on completion of 20 years of service as per notification dated 10.09.2015 (Annexure P-1) as well as orders

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

of this Hon'ble High Court which has been upheld by the Apex Court.

.

ii. Those respondents may kindly be directed

to consider and decide the Representation (Annexure P-4) of the Petitioner in accordance

with law."

2. According to the learned counsel for the

petitioner, the issue in question is squarely covered by a

judgment rendered by the Division Bench of this Court in

CWP No. 4167 of 2019 in case titled Himachal Road

Transport Corporation vs. Suresh Kumar and others,

decided on 29.11.2021. This judgment has now been

upheld by the Hon'ble Supreme Court with the dismissal of

the SLP (C) Diary No(s). 21537/2022 vide order dated

16.08.2022. This is a matter which is required to be

considered by the employer/respondents.

3. Accordingly, without going into the merits of the

case, we deem it appropriate to dispose of the instant

petition by directing the respondents to consider and

decide the case of the petitioner in light of the judgment

in Suresh Kumar's case (supra) and in case the claim of

the petitioner is found to be covered by the said judgment,

then same and similar benefits, as granted in Suresh

Kumar's case (supra) be also granted in favour of the

petitioner herein. The entire exercise be completed within

.

a period of six weeks from today. Ordered accordingly.

4. For compliance, to come up on 03.1.2023.

                               (Tarlok Singh Chauhan)
                                          Judge


                   r         to      (Virender Singh)
                                          Judge

    22nd November, 2022.
    (krt)